Oklahoma Relinquishment, Consent, Revocation laws

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Relinquishment - Consent - Time to Revoke


Who Must Consent:

  • Both parents.
  • One parent if the other is dead, has had rights terminated, or whose consent is not required.
  • A legal guardian.
  • Head of a child placing agency to the whom the child has been relinquished.
  • Any person having legal custody.
  • The parents or guardian of a minor parent under age 16 must consent.

Consent of Adoptee:

A child 12 years or older must consent to the adoption.

When Parental Consent is Not Needed:

  • Parental rights have been terminated.
  • For 12 months, the parent has failed to support the child.
  • A parent has been convicted of physical or sexual abuse, or is incarcerated.
  • A putative father fails to acknowledge paternity.
  • A parent has a mental illness or deficiency.

When Relinquishment Can Be Signed:

  • Parent may not execute consent until after child's birth.
  • A putative father may consent before or after child's birth.
  • A permanent relinquishment may be executed any time after child's birth, but must be in writing and include a statement of irrevocability.

How Relinquishment Must Be Signed:

  • Parents may relinquish to the Department, an agency, or another person.
  • It must be in writing and executed before a judge.
  • Consent must state that it executed voluntarily and unequivocally.
  • A putative father may make an extra-judicial consent.

Time for Revocation:

  • Consent is irrevocable, except if it was obtained by fraud or duress, or if court finds that it is in child's best interest and there has been no adoptive placement for 9 months.
  • An extra-judicial consent is revocable for any reason for 15 days.

Adapted from materials prepared by the National Adoption Information Clearinghouse.

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